DELAY; FORCE MAJEURE Sample Clauses
The "Delay; Force Majeure" clause defines how unforeseen events outside the control of the parties, such as natural disasters or government actions, affect contractual obligations and timelines. It typically allows for extensions of deadlines or suspension of performance when such events prevent one or both parties from fulfilling their duties. This clause serves to protect parties from being held liable for delays or failures caused by extraordinary circumstances, ensuring fairness and flexibility in the face of uncontrollable disruptions.
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DELAY; FORCE MAJEURE. The Implementation Plan shall be adjusted in writing in the event of: (a) any delay caused by Client’s failure or inability to perform a Client Obligation, save to the extent that the same is a direct result of SolutionsPT not fulfilling an obligation; or (b) any delay due to Client’s request for changes to the Services or Specification that are made after the same has been agreed, or (c) any delay contemplated by clause 10.3. For the avoidance of doubt, no such delay will relieve or suspend Client’s obligation to pay SolutionsPT under an Agreement.
DELAY; FORCE MAJEURE. Should performance of the Consultant’s services be materially hampered by cause beyond is reasonable control, a Force Majeure results. Force Majeure includes, but is not restricted to, acts of contractors (other than Consultant’s contactors), fires, folds, labor disturbances, and unusually severe weather. If a Force Majeure occurs, Consultant will be granted a time extension based upon the effect of the Force Majeure upon Consultant’s performance. The parties will also agree upon terms and conditions, including additional compensation, for continuation or termination of this Agreement. If no agreement is reached, a Force Majeure which continues for 120 days from the event of Force Majeure gives Consultant the option to terminate its obligations under this Agreement in accordance with Article 6.
DELAY; FORCE MAJEURE. In the event either party is delayed in the performance of any obligation required by this Agreement, such performance shall be excused (unless the specific provision otherwise provides) for the period of the delay and performance of any such obligation shall be extended for a period equal to the delay, if and only if the delay is by reason of “force majeure”, which as used herein shall mean fire, earthquake, hurricane, flood and a similar act of God constituting a natural disaster, explosion, terrorist action, war, executive order of government or similar causes not within the control of the entity being delayed. However, the time for Concessionaire’s performance of any obligation shall not be extended due to any lack of funds, financial or economic problems of Concessionaire or Concessionaire’s architects, contractors, suppliers, agents, consultants and/or employees. If Concessionaire shall claim a delay due to force majeure, Concessionaire must notify the Director in writing for receipt by the City within fifteen (15) days of the first occurrence of an event of force majeure. Such notice must specify in reasonable detail the cause or basis for claiming force majeure and the anticipated delay in Concessionaire’s performance. In no event shall any delay extend Concessionaire’s performance beyond a seventy-five (75) day period without the specific written approval of the Director. Under no circumstances shall any such condition or delay, whether such condition or delay is claimed by the City or Concessionaire, excuse or delay Concessionaire’s payment of any charges due hereunder. Further, the City’s reasonable reduction of heat, light, air conditioning or any other services whatsoever to the Terminal, the Airport or the Premises shall not relieve or excuse Concessionaire from any of its obligations hereunder.
DELAY; FORCE MAJEURE. Seller shall not be liable for loss or damage to Buyer from delay in delivery of Equipment resulting from causes beyond Seller’s reasonable control or caused by strikes or labor difficulties, lockouts, acts or omissions of any governmental authority of Seller, insurrection or riot, terrorism or threats of terrorism, war, fires, floods, Acts of God, breakdown of essential machinery, accidents, embargoes, car and material shortages, delays in transportation or inability to obtain labor, materials or parts from usual sources. Any such delay shall be excused for the time reasonably necessary to compensate for the delay.
DELAY; FORCE MAJEURE. Neither party will be liable for any failure or delay in its performance under this Agreement, or for damages or losses due to causes beyond its reasonable control, including acts of God, acts of civil or military authority, fires, floods, earthquakes, environmental conditions, riots, wars, acts of terror, sabotage, failure of utilities, failure of electronic or mechanical equipment or communications lines caused by outside forces, telephone or other interconnect problems, telecommunications failure caused by outside forces or governmental actions; provided, however, that such affected party give prompt notice to the other party and take reasonable efforts to mitigate the effects of such causes. The party whose performance is affected will use reasonable efforts to minimize and eliminate the causes of the non-performance.
DELAY; FORCE MAJEURE. The Registrar and the Issuer will not be liable to the other for any delay or failure to fulfil their obligations under this Agreement to the extent that any such delay or failure arises from causes beyond their control, including but not limited to fire, floods, acts of God, acts or regulations of any governmental or supranational authority, war, riot strike, lockouts and industrial disputes.
DELAY; FORCE MAJEURE. The performance of any act by City or Concessionaire hereunder may be delayed or suspended at any time while, but only so long as, such party is hindered in or prevented from performance of its obligations under this Agreement by riots, acts of God, pandemic, COVID-19, war, rebellion, lockouts, governmental law, regulatory or restrictions in the nature of a moratorium or prohibition, or any other bona fide causes beyond the reasonable control of such party (each a “Force Majeure”), provided, however, if such condition persists for more than two hundred forty (240) consecutive days, City and Concessionaire may in their sole discretion renegotiate the terms of this Agreement. If the performance of the contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately upon learning of the occurrence of the event or of the commencement of any such delay, but in no case later than fifteen (15) business days thereof, provide notice of (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. In no event shall “Force Majeure” include the following instances, unless caused by Force Majeure: economic hardship, financial inability to perform specific to the party, technological impossibility, or failure to secure any of the required permits pursuant to this Agreement, unless such failure is caused by City or other governmental authority.
DELAY; FORCE MAJEURE. Any period for delivery or service provided for in the Agreement is approximate and not a guarantee of a particular date or time frame. Under no circumstances will Formetco be liable or responsible to Buyer for any failure or delay in fulfilling or performing any term of this Agreement when and to such extent such failure is caused or results from acts or circumstances beyond the reasonable control of Formetco including, without limitation, fire, flood, earthquake, act of God, explosion, governmental action, war, invasion or hostilities (whether war is declared or not), or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials or telecommunication breakdown or power outage. In such circumstances Formetco has the right to extend the date of delivery for a reasonable period of time after the period of delay (but in no case for less than the period of delay) and the right to apportion its products among its customers in a manner it deems equitable. ▇▇▇▇▇ is not relieved from accepting delivery at the agreed price when the causes interfering with delivery are removed.
DELAY; FORCE MAJEURE. 5.1 The Company shall not be liable to the Customer or be deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Lifting Services and/or Lifting Equipment, if the delay or failure was due to any cause beyond the Company’s reasonable control and such failure or delay shall entitle either party to terminate the Contract if it persists for more than three months but the Customer shall remain liable to pay for any Lifting Equipment supplied by way of hire or sale and/or any provision of the Lifting Services prior to the date of such cancellation. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:
5.1.1 Act of God, explosion, flood, tempest, fire or accident;
5.1.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;
5.1.3 treaties, directives, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority or other body or competent authority;
5.1.4 import or export regulations or embargoes;
5.1.5 strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
5.1.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
5.1.7 power failure or breakdown in machinery;
5.1.8 a lack of availability of the backbone internet infrastructure in the United Kingdom or elsewhere and the Company’s need to perform maintenance of its hardware and/or software, which may interrupt the provision of the Lifting Services.
DELAY; FORCE MAJEURE. Client acknowledges and agrees that SolutionsPT's ability to perform the Services in a timely manner is contingent upon timely completion by Client of each Client Obligation.